GAO Report Finds Proposal To Lower Dust Exposure Limit in Mines Supported By Substantial Scientific Evidence
Posted on Apr 9, 2014
The U.S. Government Accountability Office issued a report earlier this week finding that a federal proposal to lower coal miners’ exposure to the dust that can cause black lung disease is supported by substantial scientific evidence. The GAO conducted the study at Congress’s request and its findings echo the conclusions of a report that GAO issued in 2012. The proposal seeks to lower exposure limits by cutting the amount of dust that is permitted in a mine’s air in half as well as requiring mines use a monitor providing continuous information about the levels of dust. The Mine Safety and...
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Court Holds Federal Railroad Safety Act Does Not Affect Federal Venue Statute
Posted on Apr 8, 2014
The U.S. District Court for the Eastern District of Pennsylvania held that the Federal Railroad Safety Act, which briefly discusses venue at § 49 U.S.C. 20109(d)(2)(A)(iii) and § 49 U.S.C. 20109(d)(3), “does not supplant the general venue guidelines set forth in 28 U.S.C. § 1391(b). The court rejected an argument that the Railroad Safety Act required venue to lie in only one district: “the district court” where the violation occurred. The court, following guidance from a 2013 Illinois federal case, reasoned that “Congress has been clear about promulgating venue in other federal statutes...
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Supreme Court of Colorado Will Decide Whether Fracking Toxic Tort Case Can Proceed
Posted on Apr 8, 2014
A Colorado family brought suit against several drilling companies claiming negligence, negligence per se, strict liability, and trespass related to physical and property injuries allegedly caused by drilling activities that contaminated the air, water, and ground near the family’s home. After the parties filed initial disclosures, the companies asked the trial court to enter a Lone Pine Order (based of the 1986 New Jersey case of Lore v. Lone Pine Corp.) that would require the plaintiffs to present prima facie evidence to support their claims before full discovery could commence. The...
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U.S. Supreme Court Declines To Review West Virginia Residents’ Settlement with Chemical Company
Posted on Apr 8, 2014
The U.S. Supreme Court declined to review a $93 million settlement between a West Virginia chemical plant that is no longer operational and local residents following the West Virginia Supreme Court affirming the class-action settlement in 2013. The lawsuit alleged that dioxins from the waste-burning process of Agent Orange production contaminated the Nitro, West Virginia community. The settlement includes significant amounts dedicated to long-term medical-monitoring programs, but the petitioners seeking review by the U.S. Supreme Court claimed that the monitoring would only apply to a...
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PHMSA Announces All-Time High in Proposed Penalties in 2013, Continuing Trend of Tougher Enforcement
Posted on Apr 7, 2014
On Monday, PHMSA announced that it proposed more than $9.7 million in civil penalties against pipeline operators for safety violations in 2013, marking an all-time high for the agency. PHMSA also announced that it initiated 266 enforcement cases against pipeline operators in 2013, including for problems with pipeline integrity management systems, risk assessments, and failure prevention and mitigation programs. The 2013 numbers continue a trend of tougher enforcement. Since 2009, PHMSA has proposed more than $33 million in civil penalties against pipeline operators, which is $10 million...
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OSHA Concludes Public Hearings On Proposed Crystalline Silica Exposure Limits
Posted on Apr 4, 2014
OSHA concluded a three-week public hearing on proposed regulations seeking to limit workers’ exposure to crystalline silica. Crystalline silica exposure has been linked to health risks, including silicosis, lung cancer, chronic obstructive pulmonary disease, and kidney disease. An estimated 2.2. million workers are exposed to respirable crystalline silica, including those involved in construction, certain manufacturing operations, and operations that use sand products, such as hydraulic fracturing. The proposed rule would reduce the permissible exposure limit for respirable crystalline...
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Kentucky Appellate Court Affirms Dismissal of Case Alleging Private Nuisance and Negligent Trespass Based on Alleged Water Supply Contamination by Local Oil Company
Posted on Apr 4, 2014
On two occasions in 2008 and 2009, the Kentucky Department of Environmental Protection issued an advisory to the residents surrounding Whitesburg, Kentucky not to use the water pumped out of the local water treatment plant. The first advisory followed seepage of potential sludge out of a plastic-lined pit at an oil plant and into the Kentucky River. The second advisory followed a leak from a diesel fuel tank stored on the same property. The Court of Appeals of Kentucky affirmed dismissal of the plaintiffs’ cases that were on appeal. The plaintiffs had brought private temporary nuisance...
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